MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

Bench: Shri M. Balaganesh & Shri Vimal Kumarmr. Nikhil Sawhney, Vs. Dcit, 17, Sunder Nagar, Central Circle, New Delhi-11003 Noida (Appellant) (Respondent) Pan: Aaups0222Q

gains were neither intrinsically nor congenitally of income character (paragraph 14 of the decision). Section 2(24) of the Act which defines income under the Act inclusively, in its relevant part, reads as under: "2. Definitions. - In this Act, unless the context otherwise requires, - (24) 'income' includes-….. (vi) any capital

MR. NIKHIL SAWHNEY,NEW DELHI vs. ACIT, NOIDA

In the result, appeal of the assessee is dismissed

Bench: Shri Bhavnesh Saini & Shri Prashant Maharishimr. Nikhil Sawhney Acit, 17 – Sunder Nagar, Central Circle, Vs. New Delhi – 110 003. Noida. Pan: Aaups0222Q (Appellant) (Respondent)

2(14), for excluding the equity shares and unit of equity oriented funds that they are not treated as capital asset. Secondly, any gains arising from transfer of Long term capital asset is treated as capital gain which is chargeable u/s. 45; thirdly, section 47 does not enlist any such exception that transfer of long term equity shares/funds

NEELU ANALJIT SINGH,NEW DELHI vs. ADDL.CIT, SPECIAL RANGE-9, NEW DELHI

In the result, appeal filed by the assessee is partly allowed with above directions

Bench: Shri H. S. Sidhu & Shri Prashant Maharishimrs. Neelu Analjit Singh, Vs. The Addl. Commissioner Of 15, Dr. Apj Abdul Kalam Road, Income Tax , New Delhi Special Range-9, Pan: Aatps06882D New Delhi (Appellant) (Respondent)

gain in light of holding period of 23 months, which is less than 36 months. 5. The assessee submitted her reply on 22/12/2016. She stated that provisions of section 2 (29A) read with provisions of section 2 (42A) of The Income Tax Act as applicable for assessment year 2014 – 15, provides that the shares of the company , whether listed

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

DR. PRANNOY ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

DCIT, NEW DELHI vs. DR. PRANNOY ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

DCIT, NEW DELHI vs. MRS. RADHIKA ROY, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

SMT. RADHIKA ROY,,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri Beena A Pillai & Shri Prashant Maharishi

2 of the reasons are merely the copy paste of the information received from the investigation wing and further in para number 3 it is indicated that no short-term capital gain or long-term capital is disclosed by the assessee whereas the revenue itself has accepted part A of the calculation of the capital gain placed at page number

COMMISSIONER OF INCOME TAX vs. ECE INDUSTRIES LTD.

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MR. JUSTICE SURESH KUMAR KAIT

2) has no application to the facts of the present case. ITA Nos.417 of 2007 & 1069 of 2007 Page 21 of 22 17. As regards applicability of Section 45 is concerned, three tests are required to be applied. In this case, Section 45 applies. There is no dispute on that point. The first test is that the charging section

THE PR. COMMISSIONER OF INCOME TAX-4 vs. GE MONEY FINANCIAL SERVICES PVT. LTD.

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE NAJMI WAZIRI

24 of 118 mining in the subject area was not permitted. Since the cut-off date of 11th January, 2017 has expired, now only auction is possible. 5.3 EC was given only if a party had FC. Since there was no FC in favour of the petitioner, the EC dated 21st October, 2011 had no significance. 5.4 No permission

DCIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 2 of the Income-tax Act, 1961 (Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

ACIT, NEW DELHI vs. M/S. PURAN ASSOCIATES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 2 of the Income-tax Act, 1961 (Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

ACIT, NEW DELHI vs. M/S PURAN ASSOCIATES PVT. LTD., NEW DELHI

In the result, the appeal of the Revenue is partly allowed for statistical purposes

Bench: Shri Amit Shukla & Shri O.P. Kant

Section 2 of the Income-tax Act, 1961 (Act') defines the term "capital asset" to include property of any kind held by an assessee, whether or not connected with his business or profession, but does not include any stock-in-trade or personal assets subject to certain exceptions. As regards shares and other securities, the same can be held either

Commissioner of Income Tax vs. ECE Industries Limited

2) has no 2010:DHC:6300-DB 17. As regards applicability of Section 45 is concerned, three tests are required to be applied. In this case, Section 45 applies. There is no dispute on that point. The first test is that the charging section and the computation provisions are inextricably linked. The charging section and the computation provisions together constituted

MR. RANJEET SINGH,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

24 ITAs No.5512, 5513, 5546 & 5574/DEL/2011 Section 17(2)(iii) Section 28(iv) “the value of any benefit or “the value of any benefit or amenity granted or provided perquisite, whether convertible free of cost or at concessional into money or not, arising from rate in any of the following business or the exercise of a cases” profession

MR. J.S. GUJRAL,GURGAON vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

24 ITAs No.5512, 5513, 5546 & 5574/DEL/2011 Section 17(2)(iii) Section 28(iv) “the value of any benefit or “the value of any benefit or amenity granted or provided perquisite, whether convertible free of cost or at concessional into money or not, arising from rate in any of the following business or the exercise of a cases” profession

MR. KRISHNA KUMAR PANT,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

24 ITAs No.5512, 5513, 5546 & 5574/DEL/2011 Section 17(2)(iii) Section 28(iv) “the value of any benefit or “the value of any benefit or amenity granted or provided perquisite, whether convertible free of cost or at concessional into money or not, arising from rate in any of the following business or the exercise of a cases” profession

MR. SANJIV NARAYAN,NEW DELHI vs. DCIT, NEW DELHI

Bench: Shri G.S. Pannu & Shri Amit Shukla(Through Video Conferencing) Assessment Year 2005-06

24 ITAs No.5512, 5513, 5546 & 5574/DEL/2011 Section 17(2)(iii) Section 28(iv) “the value of any benefit or “the value of any benefit or amenity granted or provided perquisite, whether convertible free of cost or at concessional into money or not, arising from rate in any of the following business or the exercise of a cases” profession